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Issues filing I-485 I-130

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  • Issues filing I-485 I-130

    I came to the United States in January of 2004 on an F1 Student Visa. I was arrested for DUI in December of 2004 and served all court ordered procedures, including a 1 year probation till 2006. In 2005, while still under probation for the DUI, I was arrested for shop-lifting (under $5 worth, a misdemeanor). I realize and understand that I have misused and thrown away the privilege of being in this country. I was young and stupid and was over-excited to be in this land of freedom. It would be an understatement to say that I deeply regret these mistakes. From 2004-2006 I was a full time student and went to college regularly. In February of 2007 I married a girl who is a student, from the same country as I am and also a US citizen. The marriage is in good faith and was not done for immigration purposes. We married in court and have planned on going back to our country and remarrying under local traditions there soon. Since 2004 – 2007 I've had several jobs, both legally in campus part-time jobs to undocumented jobs outside of college for which I was paid cash. However, in 2007 after my marriage I could not support myself with part-time jobs and was lucky enough to be "legally" employed full-time outside of school without any EAD. I did not attend college from 2007-present (July 2008) as I was working full-time and had other responsibilities. I am currently employed full-time elsewhere. In April 2008, my wife and I filed our taxes together. We have been living together and have several documents including joint lease etc proving marriage. Shortly after that in May we decided to start the process of adjusting my status to that of a Permanent Resident. My F1 Visa expires in November 2008, however I am going back to school this Fall. We filed an I-130 along with G-325 etc and received the NOA I-797c shortly after. However, after almost 90 days of filing the initial I-130 we realized that we could/should have submitted the I-485 Adjustment of Status together with the I-130 Petition for Alien Relative. The following are my concerns:

    Will my past arrests for the DUI and the shop-lifting play any role whatsoever in the I-485/I-130 Adjustment of Status process?

    Will my previous unauthorized work here in the United States, even though I have been paying my taxes be grounds for the refusal of I-765 EAD, if I apply for one or should I not even consider applying for it?

    If I resubmit the I-485 after 90 days of the initial submittal of the I-130, will it be considered as being received with the I-130 or will it have a different processing time? My understanding from what a USCIS rep told me over the phone is to submit the following:

    I-485 AOS
    Copy of the I-130s NOA I-797c
    I-693 Medical records (is this required if I am in the United States for the past 4-5 years?)
    I-131 Travel document (for us to go back to our country and get married.)
    I-864 Affidavit of Support (is my wife required to file this If I have been here for a while and earn my own living?)
    I-765 Employment Authorization (please correct me if I am wrong, my understanding is that I do not have to pay the $300+ fee if I am submitting this with an I-485?)
    PP size photographs etc.

    Please can someone reassert what the USCIS rep told me over the phone by confirming the above list as being accurate. Please add or delete anything that you might think suitable.

    Any help will be greatly appreciated.

    Thank you very much!

  • #2
    I came to the United States in January of 2004 on an F1 Student Visa. I was arrested for DUI in December of 2004 and served all court ordered procedures, including a 1 year probation till 2006. In 2005, while still under probation for the DUI, I was arrested for shop-lifting (under $5 worth, a misdemeanor). I realize and understand that I have misused and thrown away the privilege of being in this country. I was young and stupid and was over-excited to be in this land of freedom. It would be an understatement to say that I deeply regret these mistakes. From 2004-2006 I was a full time student and went to college regularly. In February of 2007 I married a girl who is a student, from the same country as I am and also a US citizen. The marriage is in good faith and was not done for immigration purposes. We married in court and have planned on going back to our country and remarrying under local traditions there soon. Since 2004 – 2007 I've had several jobs, both legally in campus part-time jobs to undocumented jobs outside of college for which I was paid cash. However, in 2007 after my marriage I could not support myself with part-time jobs and was lucky enough to be "legally" employed full-time outside of school without any EAD. I did not attend college from 2007-present (July 2008) as I was working full-time and had other responsibilities. I am currently employed full-time elsewhere. In April 2008, my wife and I filed our taxes together. We have been living together and have several documents including joint lease etc proving marriage. Shortly after that in May we decided to start the process of adjusting my status to that of a Permanent Resident. My F1 Visa expires in November 2008, however I am going back to school this Fall. We filed an I-130 along with G-325 etc and received the NOA I-797c shortly after. However, after almost 90 days of filing the initial I-130 we realized that we could/should have submitted the I-485 Adjustment of Status together with the I-130 Petition for Alien Relative. The following are my concerns:

    Will my past arrests for the DUI and the shop-lifting play any role whatsoever in the I-485/I-130 Adjustment of Status process?

    Will my previous unauthorized work here in the United States, even though I have been paying my taxes be grounds for the refusal of I-765 EAD, if I apply for one or should I not even consider applying for it?

    If I resubmit the I-485 after 90 days of the initial submittal of the I-130, will it be considered as being received with the I-130 or will it have a different processing time? My understanding from what a USCIS rep told me over the phone is to submit the following:

    I-485 AOS
    Copy of the I-130s NOA I-797c
    I-693 Medical records (is this required if I am in the United States for the past 4-5 years?)
    I-131 Travel document (for us to go back to our country and get married.)
    I-864 Affidavit of Support (is my wife required to file this If I have been here for a while and earn my own living?)
    I-765 Employment Authorization (please correct me if I am wrong, my understanding is that I do not have to pay the $300+ fee if I am submitting this with an I-485?)
    PP size photographs etc.

    Please can someone reassert what the USCIS rep told me over the phone by confirming the above list as being accurate. Please add or delete anything that you might think suitable.

    Any help will be greatly appreciated.

    Thank you very much!

    Comment


    • #3
      I will advise you right now that your case is tricky and you will want an attorney.

      Where were you married?
      --------------------
      "I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. " - Thomas Jefferson

      Comment


      • #4
        In Boulder Colorado 2007

        Comment


        • #5
          So why would you need the I-131 to go back to your country to get married?

          Seriously - this will not be an easy road and you will certainly want a lawyer to make sure things are 110%. Your misdemeanors will not help you, as will the undocumented working. The bright spots in this are that you haven't technically been in the country illegally and that you're married. But seriously. Get a lawyer.
          --------------------
          "I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. " - Thomas Jefferson

          Comment

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